Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00040-CV
TEMPLETON MORTGAGE CORPORATION,
Appellant
v.
Michael MIDDLETON,
Appellee
From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 10-422
Honorable N. Keith Williams, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: May 6, 2015
DISMISSED FOR LACK OF JURISDICTION
The clerk’s record in this appeal has been filed. It reflects that in the underlying cause
number, Trial Court Cause No. 10-422, Michael Middleton, as reflected in his second amended
petition, sued Templeton Mortgage Corporation and Enos Hampton, as Independent Executor of
the Estate of Betty G. Robinson. Gary M. Poenisch then filed a petition in intervention.
On October 15, 2014, the trial court signed a default judgment as to Templeton Mortgage
Corporation. That same day, the trial court also signed a default judgment in favor of Intervenor
Gary M. Poenisch against Templeton Mortgage Corporation and severed Poenisch’s claims against
04-15-00040-CV
Templeton Mortgage Corporation into a separate cause, Trial Court Cause No. 10-422A.
Templeton Mortgage Corporation then filed notices of appeal in both Trial Court Cause No. 10-
422 and Trial Court Cause No. 10-422A. 1 The appeal relating to Trial Court Cause No. 10-422
was assigned this Appeal No., 04-15-00040-CV. The appeal relating to Trial Court Cause No. 10-
422A was assigned Appeal No. 04-15-00041-CV.
With regard to this Appeal No. 04-15-00040-CV, the clerk’s record does not reflect that a
final judgment has been signed by the trial court disposing of all claims and parties. It therefore
appears that we have no jurisdiction over this appeal. We therefore ordered Appellant Templeton
Mortgage Corporation to show cause in writing within fifteen days why this appeal should not be
dismissed for lack of jurisdiction. Appellant did not file a response. We therefore dismiss this
appeal for lack of jurisdiction.
PER CURIAM
1
The companion appeal, No. 04-15-00041-CV, concerns Templeton Mortgage Corporation’s appeal from Trial Court
Cause No. 10-422A of the default judgment signed in favor of Gary Poenisch.
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